CAIN Update – 12 October 2018

Items of interest for the Complaints, Accountability, Integrity Network

Informal complaint resolution

Complaints to the Ombudsman: resolving them early
Provides discussion and numerous examples of cases where an Ombudsman's office has achieved timely and effective outcomes through early resolution.
https://www.ombudsman.vic.gov.au/getattachment/17c8eb7b-9023-4766-8cf7-675122427b0b
Victorian Ombudsman, July 2018

Community engagement

Citizen participation in law-making and public policy
"If citizens have open access to data and can shape policy will they have more faith in government and the law?"
http://mpegmedia.abc.net.au/rn/podcast/2018/08/bia_20180828.mp3
ABC RN Big Ideas, 28 August 2018

Conflict of interest

Top five conflict of interest myths
"Conflicts of interest probably trip up more public sector people and cause more unnecessary panic and problems than any other corruption-related concern. One of the reasons for this is the myths surrounding conflicts of interest."
http://www.icac.nsw.gov.au/newsletter/issue51/conflicts.html
NSW ICAC, Corruption Matters, May 2018

Police conduct

Audit of Victoria Police's oversight of serious incidents
To determine how effectively Victoria Police oversights serious incidents involving its officers, IBAC audited more than 140 oversight files closed by Victoria Police during 2015/16. The audit examined Victoria Police's oversight of serious incidents resulting in death and serious injury following police contact. The audit identified that there are aspects of Victoria Police's oversight process that are concerning and which could be improved.
http://www.ibac.vic.gov.au/docs/default-source/research-documents/audit-of-victoria-police-oversight-of-serious-incidents.pdf?sfvrsn=a0517775_2
Victorian IBAC, March 2018

Disability

Administration of reviews under the National Disability Insurance Scheme Act 2013: Report on the National Disability Insurance Agency's handling of reviews
Between July 2016 and January 2018, the Office of the Commonwealth Ombudsman received 400 complaints that were, at least in part, about the NDIA's administration of reviews (32.5% of all complaints made about the NDIA during this period). Of particular concern was the issue of delays in completing reviews. The NDIA acknowledged some reviews were taking up to nine months to be completed. The report acknowledged the NDIA's efforts to address review delays, but considered more can and should be done to ensure administrative drift or under-resourcing does not prevent participants from readily exercising their review rights. The report also identified other systemic issues such as poor communication about review processes and outcomes.
http://www.ombudsman.gov.au/__data/assets/pdf_file/0029/83981/NDIS-NDIA-Final-report-on-administration-of-reviews-under-the-Act.pdf
Commonwealth Ombudsman, May 2018

Privacy

Data privacy
As more commercial activities and interactions take place online, consumers and businesses alike become more vulnerable to data hacking and human error. Should we treat data breaches like an oil spill?
http://mpegmedia.abc.net.au/rn/podcast/2018/09/bia_20180924.mp3
ABC RN Big Ideas, 24 September 2018

Procurement

Summary of Final Report in relation to SA Health's EPAS Procurement Issues
The Ombudsman investigated, upon referral by the ICAC: · whether a department committed maladministration by engaging a particular firm to manage and lead the implementation of the new Electronic Patient Administration System (EPAS) · whether the department committed maladministration by failing to publicly disclose its contracts with the firm · whether the CEO at the relevant time or the Chief Medical Officer of the Department had close personal relationships with the founders of the firm that gave rise to a conflict of interest · whether the Chief Medical Officer or the Chief Information Officer committed misconduct by publicly endorsing the firm. The Ombudsman also considered whether administrative error occurred for the purposes of the Ombudsman Act in relation to the Department's procurement processes and record keeping.
http://www.ombudsman.sa.gov.au/wp-content/uploads/Summary-of-final-report-in-relation-to-SA-Healths-EPAS-Procurement-Issues.pdf
South Australian Ombudsman, May 2018

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